KANSAS OFFICE of
  REVISOR of STATUTES

  

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79-1448. Appeals by taxpayers from classification or valuation of property; informal meeting, requirements; adjustments in classification or valuations by hearing officers or panels. Any taxpayer may complain or appeal to the county appraiser from the classification or appraisal of the taxpayer's property by giving notice to the county appraiser within 30 days subsequent to the date of mailing of the valuation notice required by K.S.A. 79-1460, and amendments thereto, for real property, and on or before May 15 for personal property. The county appraiser or the appraiser's designee shall arrange to hold an informal meeting with the aggrieved taxpayer with reference to the property in question. At such meeting it shall be the duty of the county appraiser or the county appraiser's designee to initiate production of evidence to substantiate the valuation of such property, including, a summary of the reasons that the valuation of the property has been increased over the previous year, any assumptions used by the county appraiser to determine the value of the property and a description of the individual property characteristics, property specific valuation records and conclusions. The taxpayer shall be provided with the opportunity to review the data sheets applicable to the valuation approach utilized for the subject property. The county appraiser shall take into account any evidence provided by the taxpayer which relates to the amount of deferred maintenance and depreciation for the property. In any appeal from the appraisal of leased commercial and industrial property, the county or district appraiser's appraised value shall be presumed to be valid and correct and may only be rebutted by a preponderance of the evidence, unless the property owner furnishes the county or district appraiser a complete income and expense statement for the property for the three years next preceding the year of appeal within 30 calendar days following the informal meeting. In any appeal from the reclassification of property that was classified as land devoted to agricultural use for the preceding year, the taxpayer's classification of the property as land devoted to agricultural use shall be presumed to be valid and correct if the taxpayer provides an executed lease agreement or other documentation demonstrating a commitment to use the property for agricultural use, if no other actual use is evident. The county appraiser may extend the time in which the taxpayer may informally appeal from the classification or appraisal of the taxpayer's property for just and adequate reasons. Except as provided in K.S.A. 79-1404, and amendments thereto, no informal meeting regarding real property shall be scheduled to take place after May 15, nor shall a final determination be given by the appraiser after May 20. Any final determination shall be accompanied by a written explanation of the reasoning upon which such determination is based when such determination is not in favor of the taxpayer. The county appraiser shall not increase the appraised valuation of the property as a result of the informal meeting. Any taxpayer who is aggrieved by the final determination of the county appraiser may appeal to the hearing officer or panel appointed pursuant to K.S.A. 79-1611, and amendments thereto, and such hearing officer, or panel, for just cause shown and recorded, is authorized to change the classification or valuation of specific tracts or individual items of real or personal property in the same manner provided for in K.S.A. 79-1606, and amendments thereto. In lieu of appealing to a hearing officer or panel appointed pursuant to K.S.A. 79-1611, and amendments thereto, any taxpayer aggrieved by the final determination of the county appraiser, except with regard to land devoted to agricultural use, wherein the value of the property, is less than $3,000,000, as reflected on the valuation notice, or the property constitutes single family residential property, may appeal to the small claims and expedited hearings division of the state board of tax appeals within the time period prescribed by K.S.A. 79-1606, and amendments thereto. Any taxpayer who is aggrieved by the final determination of a hearing officer or panel may appeal to the state board of tax appeals as provided in K.S.A. 79-1609, and amendments thereto. An informal meeting with the county appraiser or the appraiser's designee shall be a condition precedent to an appeal to the county or district hearing panel.

History: L. 1969, ch. 433, § 13; L. 1982, ch. 391, § 34; L. 1988, ch. 377, § 1; L. 1989, ch. 293, § 1; L. 1990, ch. 90, § 4; L. 1991, ch. 279, § 4; L. 1992, ch. 282, § 3; L. 1997, ch. 126, § 43; L. 1998, ch. 146, § 9; L. 1999, ch. 123, § 3; L. 2000, ch. 139, § 5; L. 2008, ch. 109, § 88; L. 2013, ch. 87, § 13; L. 2014, ch. 141, § 10; L. 2016, ch. 112, § 13; L. 2021, ch. 58, § 8; July 1.

Law Review and Bar Journal References:

"Reappraisal—How Long Will It Last?" Bruce Landeck, 58 J.K.B.A. No. 1, 15, 18 (1989).

"Kansas Property Classification and Reappraisal: The 1986 Constitutional Amendment and Statutory Modifications," Nancy Ogle, 29 W.L.J. 26, 54 (1989).

"Kansas Property Tax Appeals: An Adversarial System Without Adversaries," Gage A. Rohlf, 49 W.L.J. 871 (2010).

Attorney General's Opinions:

KORA; certificates of value; disclosure to public. 89-118.

Property assessments; appraisals and valuations; installation and maintenance of records; open to public inspection. 91-145.

Taxpayer appeals from property classification and valuation; hearings; notice of final determination. 93-92.

Recovery of protested tax payments; limitation if valuation appeal pursued; retroactivity. 94-98.

Valuation of property in year following reduction on appeal; effect of 79-1460. 95-71.

CASE ANNOTATIONS

1. Whether county commission had statutory authority to unilaterally increase appraised property valuations examined. Kansans for Fair Taxation, Inc. v. Miller, 20 K.A.2d 470, 889 P.2d 154 (1995).

2. "Retail cost when new" does not include sales tax nor add-on costs charged separately and which are readily discernable from actual sales price of item. Board of Leavenworth County Comm'rs. v. McGraw Fertilizer Serv., Inc., 261 K. 901, 903, 933 P.2d 698 (1997).

3. Noted in action upholding state agency termination of county appraiser for just cause. Kennedy v. Board of Shawnee County Comm'rs, 264 K. 776, 779, 958 P.2d 637 (1998).

4. Oil lease experiencing production decline late in year previous to assessment properly valued by consideration of post-January production data. Board of Ness County Commr's v. Bankoff Oil Co., 265 K. 525, 543, 960 P.2d 1279 (1998).

5. BOTA had jurisdiction to consider taxpayer's valuation appeal; trial court reversed. In re Tax Protests & Grievances of Curtis Machine Co., 26 K.A.2d 395, 399, 985 P.2d 725 (1999).


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